Woolsey

This is an appeal from a judgment which was rendered in favor of the defendants in an action instituted to declare a trust in a joint savings bank account which was deposited by Mary Elizabeth Woolsey, during her lifetime, to the credit of herself and her husband. The cause was tried with a jury, which rendered general and special verdicts favorable to the plaintiffs. On the theory that these verdicts were merely advisory, they were rejected, and adverse findings favorable to the defendants were adopted by the court in accordance with which a judgment was thereupon rendered.

The appellants contend that the complaint alleges an action at law in the nature of assu-mpsit, and that the findings of the jury were therefore binding upon the court. It is also asserted the findings and judgment are not supported by the evidence, and that the court erred in its rulings in the course of the trial.

The amended complaint alleges that George Woolsey and Mary Elizabeth Woolsey were husband and wife; that the plaintiffs are the children of Mrs. Woolsey as the issue of a former marriage; that in the lifetime of these spouses and during their coverture Mrs. Woolsey “was possessed of . . .…